The following Arbitration practice note Produced in partnership with Jo Delaney of Baker McKenzie provides comprehensive and up to date legal information covering:
This Practice Note considers interim remedies in arbitrations relating to Australia.
Interim remedies may be issued by the arbitral tribunal or by a court in support of arbitration proceedings. The need for interim measures may arise in any type of dispute, at different times during the proceedings and may be granted in a number of different forms.
Interim remedies may be obtained in different ways in international arbitration proceedings depending on a number of factors, such as the type of interim remedy required and place of enforcement of the interim remedy. For example, it may be necessary to obtain a worldwide freezing order where assets are located in multiple jurisdictions or a freezing order in a country different to the seat of the arbitration because that is where the relevant assets are located. Alternatively, it may be necessary to obtain an anti-suit injunction from a court to prevent court proceedings from going ahead in breach of an arbitration agreement.
In this Practice Note we consider the interim remedies that may be granted by:
arbitral tribunals seated in Australia
emergency arbitrators under the arbitral rules of the Australian Centre for International Commercial Arbitration (ACICA) (effective on 1 January 2016) (ACICA Rules 2016), and
Australian courts in support of arbitration proceedings
We also consider the potential enforcement by the Australian courts of interim remedies granted by arbitral tribunals.
Interim remedies are
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